Section 13 to increase rent

8bits

Hi,
I have an AST from 1st of May 2018 to 30th April 2019.
After the 30th it will become a month to month contract (called statutory periodic tenancy, I think) as I haven't signed any new contract.
Agency/landlord asked to increase rent/sign new contract in January by email - did not reply. They sent back an email early in April. I replied they need to send a proper form by post but I am unlikely to accept such an increase.
Just after I got a section 13 by letter (although NOT by registered post so I could said I've never received it) for the same increase amount to be effective on the 1st of June 2019. If I don't want to pay the increase, are my only option really to challenge it to the tribunal?

Could someone confirm me the agency/landlord can serve a section 13 in my case? The form they sent (form 4) stipulates it is for "assured periodic tenancies", which I am not sure it is my case.

ps. there is no rent review clause in my AST.

Thank you!

csgohan4

or ignore and keep on rolling contract

See G_M's guides below

https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4


https://forums.moneysavingexpert.com/showpost.php?p=67759920&postcount=5

Simby

you also don’t say how much the rent increase, is it reasonable?

But in any case to answer your question you have options other then a tribunal.

Give proper notice ( as per sticky) and move to an alternative rental with a rental level more to your liking.

Accept the rent increase and pay it.

Negotiate an alternative level of rent increase both you and the landlord can live with.

Do not pay the increase and not do anything to communicate and wait for the agency/ landlord to serve you with notice and eventually after going to court etc get evicted ( you would I imagine not get a great reference if you follow this route)

But lots of options some more sensible then others:j:j

AdrianC

What does your tenancy say about rent increases? That applies throughout the life of the tenancy, even after you've gone from the initial fixed period to SPT.

Your tenancy is almost certain to be an Assured Shorthold Tenancy, AST, even though it is now a statutory periodic one. So, yes, it is an assured periodic tenancy.

8bits

It's a £70 increase per month; I can afford it but I think it is quite a lot after one year. I also asked the landlord a very small improvement when I've moved in that would have cost something like £40-£50 and my landlord categorically refused.



My intitial contract is an Assured Shorthold Tenancy, but it does not say anything about rent increase. Alright, I thought "assured periodic tenancy" and "statutory periodic tenancy" were different.

csgohan4

does the increase represent the market value of rents at present in your area??

franklee

Agree with csgohan4 in the post above, what else can you get for the rent they are asking?

If the rent increase makes the property overpriced then I'd suggest collecting details of rival properties and send those to the landlord/agent proposing an alternative rent. Up to the landlord if he accepts or no.

If OTOH the property would not be overpriced, what other options do you have? It would seem you would need to pay up or move to a cheaper area.

In theory you could try a tribunal but it seems so toothless, I've never heard of anyone doing it, a section 21 notice would likely arrive first. Besides if the property isn't overpriced then it wouldn't help anyway.

csgohan4

franklee wrote: »

Agree with csgohan4 in the post above, what else can you get for the rent they are asking?

If the rent increase makes the property overpriced then I'd suggest collecting details of rival properties and send those to the landlord/agent proposing an alternative rent. Up to the landlord if he accepts or no.

If OTOH the property would not be overpriced, what other options do you have? It would seem you would need to pay up or move to a cheaper area.

In theory you could try a tribunal but it seems so toothless, I've never heard of anyone doing it, a section 21 notice would likely arrive first. Besides if the property isn't overpriced then it wouldn't help anyway.

in addition weigh in the extra fees you will likely pay to get a new property, credit checks e.t.c

franklee

csgohan4 wrote: »

in addition weigh in the extra fees you will likely pay to get a new property, credit checks e.t.c

Plus of course time to move, van hire etc.

On the other side the landlord will be weighing the costs of changing tenants, agent's fees, void times with no rent, need to spruce up the property, swapping a known good tenant for the unknown etc.

So a sensible negotiation about the rent benefits both sides.

8bits

Just a follow up on this but at the end I have ignored letters and they never increased the rent. I suspect this was from the agency and not necessarily from the landlord...

G_M

8bits wrote: »

Just a follow up on this but at the end I have ignored letters and they never increased the rent. I suspect this was from the agency and not necessarily from the landlord...

Yes they did!

Just after I got a section 13 by letter (although NOT by registered post so I could said I've never received it) for the same increase amount to be effective on the 1st of June 2019.

If you are still paying the original rent, you are now building up arrears.

Did you read the link provided in post 2 above?

If a valid S13 Notice is served in a periodic AST, then it establishes a new rent unless the tenant appeals to the tribunal.


Claiming to not have received it will not invalidate it. 1st class mail is assumed by the courts to have been delivered 2 working days after posting.